60 LAWS APPLICABLE TO THE NATIONAL FORESTS. 



Milling laws in Alaska. 



Mining laws extended ; mining districts, records, etc. (Act of May 

 17, 1884; sec. 8, 23 Stat.. 24; act June 6, 1900, sees. 15 and 26, 31 

 Stat., 321, 326, 330.) 



Mining rights extended to native citizens of Canada. (Act of May 

 14, 1898. 30 Stat., 415.) 



Labor and improvements. (Act of Mar" 2, 1907, 34 Stat., 1243.) 



Extension of time for filing adverse claims and suits. (Act of 

 June 7. 1910, 36 Stat., 459.) 



Amendments and modifications of mining laws in Alaska. (Act of 

 Aug. 1, 1912, 37 Stat,, 242.) 



DECISIONS. 

 Rights cf locators. 



The Secretary of Agriculture has authority to require the locators 

 of mining claims within National Forests to permit the United 

 States, or its vendees, means of ingress and egress over their claims 

 for the purpose of removing timber, and administering and protect- 

 ing the National Forests. (Sol. Op., Nov. 4, 1915.) 



Under the act of June 4, 1897, authorizing the location of mining 

 claims within forest reserves, the rights of the locator are substan- 

 tially the same as those of a locator on the public lands under section 

 2322*. Eevised Statutes. (United States v. Eizzinelli (C. C. A.), 

 182 Fed., 675.) 



The general mining laws are operative with respect to deposits of 

 gold within the limits of National Forests or power-site withdrawals 

 the same as with respect to like deposits elsewhere on the public 

 domain. (Cataract Gold Mining Co. et al., 43 L. D., 248.) 



The owner of a mining claim has the right of exclusive possession 

 and enjoyment, but for mining purposes alone (citations infra.). 

 Prior to patent he can not maintain a liquor saloon on his claim 

 (United States v. Eizzinelli, 182 Fed.. 675) ; or sell timber or hay 

 therefrom (Teller v. United States, 113 Fed., 273 ; 1 Sol. Op., 188). 

 Nor, on the other hand, can the Secretary of Agriculture authorize 

 any use of the claim, even for purposes foreign to mining, against the 

 objection of the owner, but if the latter waives his right of exclusive 

 possession by arrangement with a power permittee, the power permit 

 becomes effective on the land, and the Government may impose a 

 charge for its use. (2 Sol. Op., 763 ; see also 2 Sol. Op., 865.) 



Where, however, timber on a mining claim, by reason of insect 

 infestation, is a menace to the surrounding National Forest timber, 

 the Government may sell it. (Lewis v. Garlock — United States, in- 

 tervener, 168 Fed., 153.) 



Powers and duties of Land Department. 



The Government is a party in interest in every case involving the 

 disposal of the public lands, and when such lands are sougnt to be 

 acquired under any of the public-land laws (in this case the mineral 

 laws) it is not only within the power but it is the duty of the Land 

 Department to see that the lands are disposed of according to law, 

 and not in violation or evasion of the law. (Grand Canvon Ev. Co. 

 v. Cameron, 36 L. D., 66.) 



Should the question of the character of the land be properly pre- 

 sented at any time before patent, it would manifestly be the duty of 



